8/26/2020
E-Library - Information At Your Fingertips: Printer Friendly
xxx Thinking in all honesty that Mr. Acar's surprise gift as harmless, de Leon
instructed Mr. Adefuin to give the gift instead to Mr. Aaron T. Brillantes in the
far end of the office knowing that there is a CCTV camera trained on their
work area. He informed the crew to give the gift in the far end of the work
area so as not to arouse curious stares and create misunderstandings about
the liquor sent by Mr. Acar considering that they are at the Crewing
Operations Center and in front of a lot of crewmembers waiting.[20]
The next day, he was confronted about the incident and he readily admitted that he and
Brillante did accept a gift.[21] On October 25, 2013, de Leon and Brillante were served
with a memorandum to explain the October 9, 2013 incident. They were also served a
30-day Suspension Notice.[22]
In his answer to the memorandum, de Leon admitted to receiving the bottles of liquor,
but insisted that it was not a violation of the company policy for it did not come from a
crewmember but from an outsider.[23] On November 6, 2013, an administrative hearing
was held, and de Leon was able to attend the same.[24] In the administrative hearing,
Brillante testified that de Leon told Adefuin "not here, there are cctv and others might
have a wrong idea about it," and de Leon then advised Adefuin to proceed to the rear
section of the crewing operations office.[25] On November 12, 2013, Acar sent an email
to the representatives of PTC, to wit:
This matter and statement is just to bring to your notice that recently I had
gifted our previous scheduler Alvin [d]e Leon 2 bottles of whiskey worth $36
US dollars as a goodwill gesture and token of friendship. This gift was sent
through one of my Filipino waiters Adefuin, Fred Rikko Bernardin to be given
to Alvin [d]e Leon. However there was a whole lot of misunderstanding and
it seems like the bottle was being given to Alvin [d]e Leon by the crew
member Adefuin, Fred Rikko Bernardin as a favor[.]
I just wanted to let you know that there is no personal favor behind this gift
that was extended except for the friendship that we still share till date.
Kindly understand the above matter and I can assure that there is no
personal favor involved from Alvin [d]e Leon nor the crew member (Adefuin,
Fred Rikko Bernardin) and the whole situation has been misunderstood.
Mustafa Acar
Maitre'D
Oasis of the Seas.[26]
On November 22, 2013, de Leon received a written resolution from PTC notifying him of
the termination of his
employment of Brillante.
employment.[27]
Meanwhile,
PTC
also
terminated
the
On January 30, 2014, de Leon filed a case for illegal dismissal with the Labor Arbiter.
[28] However, on July 30, 2014, the Labor Arbiter dismissed the case for lack of merit.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65291
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